BHOLA Vs. BARSATI

JUDGEMENT

(1.) The facts are on 24-4-1979 Barsati, 6 persons institute a lawsuit under Sec. 229-B Z.A. and L.R. Act in the court of Assistant Collector First Class, Azamgarh. The pleading has set forth that they are bhumidhar tenants of grove-land listed in Schedule A and bhumidhar tenants in possession of land in schedule B. They are always appropriating the fruits of trees of Schedule A land ; the defendants have no concern whatsoever. The defendants have got their names entered by skilful manouevring in league with Lekhpal. Hence a cause of action for declaration of tenurial rights. The relief of a declaration that they are sole bhumidhar tenants in possession is prayed for.

(2.) On 19-7-1979 defendant Bhola's 4 persons file a written statement repudiating the claim. A pedigree has been filed to show that they are co-tenant in possession of land. It is put forth that rights of tenureship have been acknowledged and declared in consolidation. Consequently the suit for exclusive title is barred under Sec. 49 C.H. Act. The suit is beyond Limitation ; no less barred under Sec. 42 Sepecific Relief Act. On pleadings of parties issues were formulated on 17-1-1980. Parties have been given chance to lead their evidence, On 11-5-1981 trial judge enters an order dismissing the suit. Barsatis appeal; On 28-8-1984 Additional Commissioner allows the appeal, the judgment and decree of the trial court is set aside. The suit of Barsati is decreed. But, then, only defendant Bhola appeals.

(3.) Heard the counsel for the parties and perused the record.